North Carolina Administrative Code

SECTION .1000 - BEFORE/AFTER SCHOOL AND SUMMER DEVELOPMENTAL DAY FOR CHILDREN with or at risk for developmental delays, developmental disabilitie or atypical development 10A NCAC 27B .1001 DEFINITION AND GOALS (a) Definition. (1) Primary Service. Before/after school and summer de…

10A NCAC 27B .1002 ELIGIBILITY REQUIREMENTS (a) Except as cited in (b) of this Rule, individuals must be determined eligible in accordance with the same criteria as for developmental day state grant-in-aid funds. (b) Subject to prior approval by the regional director or his desig…

10A NCAC 27B .1003 CRITERIA Programs providing this service shall meet standards for Before/After School and Summer Developmental Day Services for Children with or at Risk for Developmental Delays, Developmental Disabilities or Atypical Development as codified in 10A NCAC 27G .22…

SECTION .1100 - TRANSITIONAL RESIDENCE PROGRAMS FOR ADULT AND ELDERLY INDIVIDUALS WHO ARE MENTALLY ILL 10A NCAC 27B .1101 DEFINITION AND GOALS (a) Definition. (1) Primary Service. Transitional residence programs (group homes) are residential programs which provide a group living …

10A NCAC 27B .1102 ELIGIBILITY REQUIREMENTS Adult and elderly individuals must be determined eligible based on a documented need for transitional residential services, be diagnosed as mentally ill and be capable of self-medication. History Note: Authority G.S. 143B-10; 143B-147; …

10a NCAC 27B .1103 CRITERIA Programs providing this service shall meet standards for Supervised Living for Individuals of All Disability Groups as codified in 10A NCAC 27G Section .5600. History Note: Authority G.S. 143B-10; 143B-147; Eff. July 1, 1984; Pursuant to G.S. 150B-21.3…

SECTION .1200 - SOCIAL SETTING AND NONHOSPITAL MEDICAL subtance abusers 10A NCAC 27B .1201 DEFINITION AND GOALS (a) Definition. (1) Primary Service. Detoxification is a basic service of the alcoholism treatment system. The purpose of the service is to withdraw the client from alc…

10A NCAC 27B .1202 ELIGIBILITY REQUIREMENTS Individuals must be determined eligible based on a documented need for social setting or nonhospital medical detoxification services and be diagnosed as alcohol dependent. History Note: Authority G.S. 143B-10; 143B-147; Eff. July 1, 198…

10A NCAC 27B .1203 CRITERIA (a) For purposes of Social Services Block Grant [Title XX of the Social Security Act, 20 USC 1397-1397(f)] reimbursement, this service may only be provided in conjunction with Residential Treatment/Rehabilitation Programs for Individuals Who Are Alcoho…

subchapter 27c – procedures and general information section .0100 – general policies and procedures 10a NCAC 27c .0101 SCOPE (a) These Rules, 10A NCAC 27C, 27D, 27E and 27F, set forth procedures governing the protection of client rights in each public or private facility that pro…

10a ncac 27c .0102 DEFINITIONS (a) The definitions contained in this Rule, and the terms defined in G.S. 122C-3, G.S. 122C-4 and G.S. 122C-53(f) also apply to all rules in Subchapters 27C, 27D, 27E and 27F. (b) As used in these Rules, the following terms have the meanings specifi…

subchapter 27d – general rights section .0100 – general policies and procedures 10a ncac 27d .0101 POLICY ON RIGHTS RESTRICTIONS AND INTERVENTIONS (a) The governing body shall develop policy that assures the implementation of G.S. 122C-59, G.S. 122C-65, and G.S. 122C-66. (b) The …

10a NCAC 27d .0102 SUSPENSION AND EXPULSION POLICY (a) Each client shall be free from threat or fear of unwarranted suspension or expulsion from the facility. (b) The governing body shall develop and implement policy for suspension or expelling a client from a service. The policy…

10a NCAC 27d .0103 SEARCH AND SEIZURE POLICY (a) Each client shall be free from unwarranted invasion of privacy. (b) The governing body shall develop and implement policy that specifies the conditions under which searches of the client or his living area may occur, and if permitt…

10a NCAC 27d .0104 PERIODIC INTERNAL REVIEW (a) The governing body shall assure the conduct, no less than every three years, of a compliance review in each of its facilities regarding the implementation of Client Rights Rules as specified in 10A NCAC 27C, 27D, 27E and 27F. (b) Th…

SECTION .0200 -INFORMING CLIENTS AND STAFF OF RIGHTS 10a NCAC 27d .0201 INFORMING CLIENTS (a) A written summary of client rights as specified in G.S. 122C, Article 3 shall be made available to each client and legally responsible person. (b) Each client shall be informed of his ri…

10a NCAC 27d .0202 INFORMING STAFF The governing body shall develop and implement policy to assure that all staff are kept informed of the rights of clients as specified in 122C, Article 3, all applicable rules, and policies of the governing body. Documentation of receipt of info…

SECTION .0300 - GENERAL CIVIL, LEGAL AND HUMAN RIGHTS 10a NCAC 27d .0301 SOCIAL INTEGRATION Each client in a day/night or 24-hour facility shall be encouraged to participate in appropriate and generally acceptable social interactions and activities with other clients and non-clie…

10a NCAC 27d .0302 CLIENT SELF-GOVERNANCE In a day/night or 24-hour facility, the governing body shall develop and implement policy which allows client input into facility governance and the development of client self-governance groups. History Note: Authority G.S. 122C-51; 122C-…

10a ncac 27d .0303 INFORMED CONSENT (a) Each client, or legally responsible person, shall be informed, in a manner that the client or legally responsible person can understand, about: (1) the alleged benefits, potential risks, and possible alternative methods of treatment/habilit…

10a NCAC 27d .0304 PROTECTION FROM HARM, ABUSE, NEGLECT OR EXPLOITATION (a) Employees shall protect clients from harm, abuse, neglect and exploitation in accordance with G.S. 122C-66. (b) Employees shall not subject a client to any sort of abuse or neglect, as defined in 10A NCAC…

subchapter 27e – treatment or habilitation rights section .0100 – protections regarding interventions procedures 10a ncac 27e .0101 LEAST RESTRICTIVE ALTERNATIVE (a) Each facility shall provide services/supports that promote a safe and respectful environment. These include: (1) u…

10a NCAC 27e .0102 PROHIBITED PROCEDURES In each facility the following types of procedures shall be prohibited: (1) those interventions which have been prohibited by statute or rule which shall include: (a) any intervention which would be considered corporal punishment under G.S…

10a NCAC 27e .0103 GENERAL POLICIES REGARDING INTERVENTION PROCEDURES (a) The following procedures shall only be employed when clinically or medically indicated as a method of therapeutic treatment: (1) planned non-attention to specific undesirable behaviors when those behaviors …

10a ncac 27e .0104 SECLUSION, physical RESTRAINT AND ISOLATION TIME-OUT and protective devices used for behavioral control (a) This Rule governs the use of restrictive interventions which shall include: (1) seclusion; (2) physical restraint; (3) isolation time-out (4) any combina…

10a ncac 27e .0105 PROTECTIVE DEVICES (a) Whenever a protective device is utilized for a client, the governing body shall develop and implement policy to ensure that: (1) the necessity for the protective device has been assessed and the device is applied by a facility employee wh…

10A NCAC 27e .0106 INTERVENTION ADVISORY COMMITTEES (a) An Intervention Advisory Committee shall be established to provide additional safeguards in a facility that utilizes restrictive interventions as planned interventions as specified in Rule .0104(g) of this Section. (b) The m…

10A ncac 27E .0107 Training ON ALTERNATIVES TO Restrictive iNTERVEntions (a) Facilities shall implement policies and practices that emphasize the use of alternatives to restrictive interventions. (b) Prior to providing services to people with disabilities, staff including service…

10a ncac 27e .0108 TRAINING in SECLUSION, PHYSICAL RESTRAINT and isolation time-out (a) Seclusion, physical restraint and isolation time-out may be employed only by staff who have been trained and have demonstrated competence in the proper use of and alternatives to these procedu…

SECTION .0200 - PROTECTIONS REGARDING MEDICATIONS 10a NCAC 27e .0201 SAFEGUARDS REGARDING MEDICATIONS (a) The use of experimental drugs or medication shall be considered research and shall be governed by G.S. 122C-57(f), applicable federal law, licensure requirements codified in …

SUBCHAPTER 27f - 24-HOUR FACILITIES SECTION .0100 - SPECIFIC RULES FOR 24-HOUR FACILITIES 10a NCAC 27f .0101 SCOPE Article 3, Chapter 122C of the General Statutes provides specific rights for each client who receives a mental health, developmental disability, or substance abuse s…

10a NCAC 27f .0102 LIVING ENVIRONMENT (a) Each client shall be provided: (1) an atmosphere conducive to uninterrupted sleep during scheduled sleeping hours, consistent with the types of services being provided and the type of clients being served; and (2) accessible areas for per…

10a NCAC 27f .0103 HEALTH, HYGIENE AND GROOMING (a) Each client shall be assured the right to dignity, privacy and humane care in the provision of personal health, hygiene and grooming care. Such rights shall include, but need not be limited to the: (1) opportunity for a shower o…

10a NCAC 27f .0104 STORAGE AND PROTECTION OF CLOTHING AND POSSESSIONS Facility employees shall make every effort to protect each client's personal clothing and possessions from theft, damage, destruction, loss, and misplacement. This includes, but is not limited to, assisting the…

10a NCAC 27f .0105 CLIENT'S PERSONAL FUNDS (a) This Rule applies to any 24-hour facility which typically provides residential services to individual clients for more than 30 days. (b) Each competent adult client and each minor above the age of 16 shall be assisted and encouraged …

SUBCHAPTER 27G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES SECTION .0100 - GENERAL INFORMATION 10A NCAC 27G .0101 SCOPE (a) This Subchapter sets forth rules for mental health, developmental disabilities and substance abuse se…

10a NCAC 27g .0102 COPIES OF RULES Copies of these Rules are available from DMH/DD/SAS at a price to cover printing, handling and postage. History Note: Authority G.S. 122C-23; 122C-24; 122C-26; 143B-147; Eff. May 1, 1996; Pursuant to G.S. 150B-21.3A, rule is necessary without su…

10a NCAC 27g .0103 GENERAL DEFINITIONS (a) This Rule contains definitions that apply to all of the rules in this Subchapter. (b) Unless otherwise indicated, the following terms shall have the meanings specified: (1) "Accreditation" means the authorization granted to an area progr…

10A NCAC 27G .0104 STAFF DEFINITIONS The following credentials and qualifications apply to staff described in this Subchapter: (1) "Associate Professional (AP)" within the mental health, developmental disabilities and substance abuse services (mh/dd/sas) system of care means an i…

SECTION .0200 - OPERATION AND MANAGEMENT RULES 10a NCAC 27g .0201 GOVERNING BODY POLICIES (a) The governing body responsible for each facility or service shall develop and implement written policies for the following: (1) delegation of management authority for the operation of th…

10A NCAC 27G .0202 PERSONNEL REQUIREMENTS (a) All facilities shall have a written job description for the director and each staff position which: (1) specifies the minimum level of education, competency, work experience and other qualifications for the position; (2) specifies the…

10A NCAC 27G .0203 COMPETENCIES OF QUALIFIED PROFESSIONALS AND ASSOCIATE PROFESSIONALS (a) There shall be no privileging requirements for qualified professionals or associate professionals. (b) Qualified professionals and associate professionals shall demonstrate knowledge, skill…

10A NCAC 27G .0204 COMPETENCIES AND SUPERVISION OF PARAPROFESSIONALS (a) There shall be no privileging requirements for paraprofessionals. (b) Paraprofessionals shall be supervised by an associate professional or by a qualified professional as specified in Rule .0104 of this Subc…

10a NCAC 27g .0205 ASSESSMENT AND TREATMENT/HABILITATION OR SERVICE PLAN (a) An assessment shall be completed for a client, according to governing body policy, prior to the delivery of services, and shall include, but not be limited to: (1) the client's presenting problem; (2) th…

10A NCAC 27g .0206 CLIENT RECORDS (a) A client record shall be maintained for each individual admitted to the facility, which shall contain, but need not be limited to: (1) an identification face sheet which includes: (A) name (last, first, middle, maiden); (B) client record numb…

10a NCAC 27g .0207 EMERGENCY PLANS AND SUPPLIES (a) Each facility shall develop a written fire plan and a disaster plan and shall make a copy of these plans available to the county emergency services agencies upon request. The plans shall include evacuation procedures and routes.…

10a NCAC 27G .0208 CLIENT SERVICES (a) Facilities that provide activities for clients shall assure that: (1) space and supervision is provided to ensure the safety and welfare of the clients; (2) activities are suitable for the ages, interests, and treatment/habilitation needs of…

10a NCAC 27g .0209 MEDICATION REQUIREMENTS (a) Medication dispensing: (1) Medications shall be dispensed only on the written order of a physician or other practitioner licensed to prescribe. (2) Dispensing shall be restricted to registered pharmacists, physicians, or other health…

10a NCAC 27G .0210 RESEARCH REVIEW BOARD (a) For purposes of this Rule, "research" means inquiry involving a trial or special observation made under conditions determined by the investigator to confirm or disprove a hypothesis, or to explicate some principle or effect. The term "…

10a ncac 27G .0212 DISCLOSURE OF FINANCIAL INTEREST OF PROVIDERS OF MH/DD/SA SERVICES TO POTENTIAL CLIENTS (a) When a provider refers a potential client to another provider in which the referring provider holds a financial interest, the referring provider shall disclose and docum…